By: Moncrief S.B. No. 346
A BILL TO BE ENTITLED
AN ACT
1-1 relating to changing the name of the Texas College of Osteopathic
1-2 Medicine to the University of North Texas Health Science Center at
1-3 Fort Worth.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 105.71, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 105.71. ESTABLISHMENT OF UNIVERSITY OF NORTH TEXAS
1-8 HEALTH SCIENCE CENTER AT FORT WORTH <COLLEGE OF OSTEOPATHIC
1-9 MEDICINE>. (a) There is hereby created a health science center
1-10 <college of osteopathic medicine> in the city of Fort Worth to be
1-11 known as the University of North Texas Health Science Center at
1-12 Fort Worth <Texas College of Osteopathic Medicine>, which consists
1-13 of a college of osteopathic medicine and which is a separate
1-14 institution and not a department, school, or branch of the
1-15 University of North Texas, but under the direction, management, and
1-16 control of the Board of Regents of the University of North Texas.
1-17 (b) The board shall have the same powers of direction,
1-18 management, and control over the health science center <college of
1-19 osteopathic medicine> that it exercises over the University of
1-20 North Texas, but the board shall act separately and independently
1-21 on all matters affecting the health science center <college of
1-22 osteopathic medicine> as a separate institution.
1-23 (c) The board, with the approval of the Texas Higher
2-1 Education Coordinating Board, may prescribe courses at the health
2-2 science center leading to customary degrees, diplomas, or
2-3 certificates.
2-4 SECTION 2. The heading to Subchapter E, Chapter 105,
2-5 Education Code, is amended to read as follows:
2-6 SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS HEALTH
2-7 SCIENCE CENTER AT FORT WORTH <TEXAS COLLEGE OF
2-8 OSTEOPATHIC MEDICINE>
2-9 SECTION 3. Section 105.74, Education Code, is amended to
2-10 read as follows:
2-11 Sec. 105.74. Chief Executive Officers. The board of regents
2-12 of the University of North Texas may appoint a chancellor who shall
2-13 serve as chief executive officer of the University of North Texas
2-14 and the University of North Texas Health Science Center at Fort
2-15 Worth <Texas College of Osteopathic Medicine>. The board of
2-16 regents shall appoint a president of the University of North Texas
2-17 and a president of the University of North Texas Health Science
2-18 Center at Fort Worth <Texas College of Osteopathic Medicine> who
2-19 shall serve as chief operating officers of each institution,
2-20 respectively. The president of the University of North Texas
2-21 Health Science Center at Fort Worth <Texas College of Osteopathic
2-22 Medicine> shall be a licensed physician who possesses a doctor of
2-23 osteopathy degree from an accredited college of osteopathic
2-24 medicine <school> and licensed to practice medicine in some state
2-25 of the United States for a minimum of five years.
3-1 SECTION 4. Section 105.76, Education Code, is amended to
3-2 read as follows:
3-3 Sec. 105.76. Joint Appointments. The board of regents is
3-4 specifically authorized to make joint appointments in the
3-5 university and the health science center <Texas College of
3-6 Osteopathic Medicine> under its governance; the salary of any such
3-7 person who receives such joint appointment to be apportioned to the
3-8 appointing institution on the basis of services rendered.
3-9 SECTION 5. Subsection (b), Section 54.502, Education Code,
3-10 is amended to read as follows:
3-11 (b) The medical, dental, and allied health units of The
3-12 University of Texas System, the University of North Texas Health
3-13 Science Center at Fort Worth <Texas College of Osteopathic
3-14 Medicine>, the Texas Tech University Health Sciences Center, and
3-15 The Texas A&M University College of Medicine may collect a breakage
3-16 or loss deposit no greater than $30.
3-17 SECTION 6. Subsection (a), Section 58.001, Education Code,
3-18 is amended to read as follows:
3-19 (a) The legislature finds that it will improve the quality
3-20 of the delivery of medical care to the citizens of this state and,
3-21 therefore, that it will be in the public interest of this state for
3-22 the resident physicians being educated, trained, developed, and
3-23 prepared for a career in medicine by the schools of medicine in The
3-24 University of Texas System, the Texas Tech University Health
3-25 Sciences Center, the Texas A&M University Medical Program, and the
4-1 University of North Texas Health Science Center at Fort Worth
4-2 <Texas College of Osteopathic Medicine> to be compensated by those
4-3 schools while the resident physicians are undergoing education,
4-4 training, development, and preparation. The legislature further
4-5 finds that the delivery of quality medical care to the citizens of
4-6 this state has been and will continue to be enhanced by the
4-7 expansion of family practice residency programs as provided by
4-8 Sections 61.501 through 61.505 of this code and intends that
4-9 nothing in this chapter be interpreted or implemented in a manner
4-10 that will deter the development or expansion of family practice
4-11 residency programs or will deter the legislative goal of having at
4-12 least 25 percent of the first-year residency positions devoted to
4-13 family medicine.
4-14 SECTION 7. Subdivision (1), Section 59.01, Education Code,
4-15 is amended to read as follows:
4-16 (1) "Medical staff or students" means medical doctors,
4-17 doctors of osteopathy, dentists, veterinarians, and podiatrists
4-18 appointed to the faculty or professional medical staff employed for
4-19 student health services by The University of Texas System, The
4-20 Texas A&M University System, the Texas Tech University Health
4-21 Sciences Center <School of Medicine>, or the University of North
4-22 Texas Health Science Center at Fort Worth <Texas College of
4-23 Osteopathic Medicine>, either full time or who, although appointed
4-24 less than full time (including volunteers), either devote their
4-25 total professional service to such appointment or provide services
5-1 to patients by assignment from the department chairman; and
5-2 interns, residents, fellows, and medical or dental students,
5-3 veterinary students, and students of osteopathy participating in a
5-4 patient-care program in The University of Texas System, The Texas
5-5 A&M University System, the Texas Tech University Health Sciences
5-6 Center <School of Medicine>, or the University of North Texas
5-7 Health Science Center at Fort Worth <Texas College of Osteopathic
5-8 Medicine>.
5-9 SECTION 8. Subsections (a) and (c), Section 59.02, Education
5-10 Code, are amended to read as follows:
5-11 (a) Each board may establish a separate self-insurance fund
5-12 to pay any damages adjudged in a court of competent jurisdiction or
5-13 a settlement of any medical malpractice claim against a member of
5-14 the medical staff or students arising from the exercise of his
5-15 appointment, duties, or training with The University of Texas
5-16 System, The Texas A&M University System, the Texas Tech University
5-17 Health Sciences Center <School of Medicine>, or the University of
5-18 North Texas Health Science Center at Fort Worth <Texas College of
5-19 Osteopathic Medicine>.
5-20 (c) On the establishment of each fund, transfers to the fund
5-21 shall be made in an amount and at such intervals as determined by
5-22 the board. Each board may receive and accept any gifts or
5-23 donations specified for the purposes of this subchapter and deposit
5-24 those gifts or donations into the fund. Each board may invest
5-25 money deposited in the fund, and any income received shall be
6-1 retained in the fund. The money shall be deposited in any of the
6-2 approved depository banks of The University of Texas System, The
6-3 Texas A&M University System, the Texas Tech University Health
6-4 Sciences Center <School of Medicine>, or the University of North
6-5 Texas Health Science Center at Fort Worth <Texas College of
6-6 Osteopathic Medicine>. All expenditures from the funds shall be
6-7 paid pursuant to approval by the boards.
6-8 SECTION 9. Section 59.06, Education Code, is amended to read
6-9 as follows:
6-10 Sec. 59.06. Limitation on Appropriated Funds. Funds
6-11 appropriated by the legislature to either system, to the Texas Tech
6-12 University Health Sciences Center <School of Medicine>, or to the
6-13 University of North Texas Health Science Center at Fort Worth
6-14 <Texas College of Osteopathic Medicine> from the General Revenue
6-15 Fund may not be used to establish or maintain the fund, to purchase
6-16 insurance, or to employ private legal counsel.
6-17 SECTION 10. Subdivision (1), Section 61.501, Education Code,
6-18 is amended to read as follows:
6-19 (1) "Medical school" means the medical school at The
6-20 University of Texas Health Science Center at Houston, the medical
6-21 school at The University of Texas Health Science Center at Dallas,
6-22 the medical school at The University of Texas Health Science Center
6-23 at San Antonio, The University of Texas Medical Branch at
6-24 Galveston, the Texas Tech University Health Sciences Center <School
6-25 of Medicine>, the Baylor College of Medicine, the college of
7-1 osteopathic medicine at the University of North Texas Health
7-2 Science Center at Fort Worth <Texas College of Osteopathic
7-3 Medicine>, or the Texas A&M University Medical Program.
7-4 SECTION 11. Subsection (a), Section 62.021, Education Code,
7-5 is amended to read as follows:
7-6 (a) Each fiscal year, an eligible institution is entitled to
7-7 receive an amount allocated in accordance with this section from
7-8 funds appropriated by Article VII, Section 17(a), of the
7-9 Constitution of Texas. The comptroller of public accounts shall
7-10 distribute funds allocated under this subsection only on
7-11 presentation of a claim and issuance of a warrant in accordance
7-12 with Section 403.071, Government Code. The comptroller may not
7-13 issue a warrant from any funds allocated under this subsection
7-14 before the delivery of goods or services described in Section 17,
7-15 Article VII, Texas Constitution, except for the payment of
7-16 principal or interest on bonds or notes. The allocation of funds
7-17 under this subsection is made in accordance with an equitable
7-18 formula consisting of the following elements: space deficit,
7-19 facilities condition, institutional complexity, separate allocation
7-20 for medical units, and additional allocation for compliance with
7-21 the Texas Desegregation Plan. The amounts allocated by such
7-22 formula are as follows:
7-23 $ 2,971,685 East Texas State University including
7-24 East Texas State University at
7-25 Texarkana;
8-1 $ 7,125,680 Lamar University including Lamar
8-2 University at Orange and Lamar
8-3 University at Port Arthur;
8-4 $ 1,645,885 Midwestern State University;
8-5 $11,444,067 University of North Texas;
8-6 $ 3,196,287 Pan American University and The
8-7 University of Texas at Brownsville;
8-8 $ 5,152,124 Stephen F. Austin State University;
8-9 $ 2,166,667 University of North Texas Health
8-10 Science Center at Fort Worth
8-11 <Texas College of Osteopathic>
8-12 <Medicine>;
8-13 $19,724,411 Texas State University System
8-14 Administration and the following
8-15 component institutions:
8-16 Angelo State University;
8-17 Sam Houston State University;
8-18 Southwest Texas State University;
8-19 Sul Ross State University including
8-20 Uvalde Study Center;
8-21 $ 6,596,436 Texas Southern University (includes
8-22 allocation of $2,700,000 for
8-23 compliance with Texas Desegregation
8-24 Plan);
8-25 $10,538,296 Texas Tech University;
9-1 $ 4,333,333 Texas Tech University Health Sciences
9-2 Center;
9-3 $ 3,583,869 Texas Woman's University;
9-4 $15,799,996 University of Houston System
9-5 Administration and the following
9-6 component institutions:
9-7 University of Houston;
9-8 University of Houston--Victoria;
9-9 University of Houston--Clear Lake;
9-10 University of Houston--Downtown;
9-11 $ 3,636,316 University System of South Texas
9-12 System Administration and the
9-13 following component institutions:
9-14 Corpus Christi State University;
9-15 Laredo State University;
9-16 Texas A&I University; and
9-17 $ 2,084,948 West Texas State University.
9-18 SECTION 12. Paragraph (A), Subdivision (5), Section 2,
9-19 Chapter 421, Acts of the 63rd Legislature, Regular Session, 1973
9-20 (Article 6252-9b, Vernon's Texas Civil Statutes), is amended to
9-21 read as follows:
9-22 (5)(A) "Appointed officer of a major state agency"
9-23 means any of the following:
9-24 (i) a member of the Public Utility Commission of
9-25 Texas;
10-1 (ii) a member of the Texas Department of
10-2 Commerce;
10-3 (iii) a member of the Texas Board of Aviation;
10-4 (iv) a member of the Texas Air Control Board;
10-5 (v) a member of the Texas Alcoholic Beverage
10-6 Commission;
10-7 (vi) a member of the Finance Commission of
10-8 Texas;
10-9 (vii) a member of the State Purchasing and
10-10 General Services Commission;
10-11 (viii) a member of the Texas Board of Criminal
10-12 Justice;
10-13 (ix) a member of the Board of Trustees of the
10-14 Employees Retirement System of Texas;
10-15 (x) a member of the State Highway and Public
10-16 Transportation Commission;
10-17 (xi) a member of the Texas Workers' Compensation
10-18 Commission;
10-19 (xii) a member of the State Board of Insurance;
10-20 (xiii) a member of the Parks and Wildlife
10-21 Commission;
10-22 (xiv) a member of the Public Safety Commission;
10-23 (xv) the Secretary of State;
10-24 (xvi) a member of the State Securities Board;
10-25 (xvii) a member of the Texas Amusement Machine
11-1 Commission;
11-2 (xviii) a member of the Texas Water Development
11-3 Board;
11-4 (xix) a member of the Texas Water Commission;
11-5 (xx) a member of the governing board of a state
11-6 senior college or university as defined by Section 61.003,
11-7 Education Code, including The University of Texas at Arlington; The
11-8 University of Texas at Austin; The University of Texas at Dallas;
11-9 The University of Texas at El Paso; The University of Texas--Pan
11-10 American; The University of Texas--Pan American--Brownsville--The
11-11 University of Texas of the Permian Basin; The University of Texas
11-12 at San Antonio; The University of Texas at Tyler; The University of
11-13 Texas Southwestern Medical Center at Dallas; The University of
11-14 Texas Medical Branch at Galveston; The University of Texas Health
11-15 Science Center at Houston; The University of Texas Health Science
11-16 Center at San Antonio; The University of Texas System Cancer
11-17 Center; The University of Texas Health Science Center at Tyler;
11-18 Texas A&M University; Texas A&M University at Galveston; Prairie
11-19 View A&M University; Tarleton State University; Corpus Christi
11-20 State University; Texas A&I University; Laredo State University;
11-21 East Texas State University; East Texas State University at
11-22 Texarkana; University of Houston; University of Houston--Clear
11-23 Lake; University of Houston--Downtown; University of
11-24 Houston--Victoria; Lamar University at Beaumont; Lamar University
11-25 at Orange; Lamar University at Port Arthur; Midwestern State
12-1 University; University of North Texas; University of North Texas
12-2 Health Science Center at Fort Worth <Texas College of Osteopathic
12-3 Medicine>; Stephen F. Austin State University; Texas Southern
12-4 University; Texas Tech University; Texas Tech University Health
12-5 Sciences Center; Texas Woman's University; West Texas State
12-6 University; Angelo State University; Sam Houston State University;
12-7 Southwest Texas State University; Sul Ross State University; Sul
12-8 Ross State University--Uvalde Center; Texas State Technical
12-9 Institute--Amarillo; Texas State Technical Institute--Harlingen;
12-10 Texas State Technical Institute--Sweetwater; and Texas State
12-11 Technical Institute--Waco;
12-12 (xxi) a member of the Texas Higher Education
12-13 Coordinating Board;
12-14 (xxii) a member of the Texas Employment
12-15 Commission;
12-16 (xxiii) a member of the State Banking Board;
12-17 (xxiv) a member of the board of trustees of the
12-18 Teachers Retirement System of Texas;
12-19 (xxv) a member of the Credit Union Commission;
12-20 (xxvi) a member of the School Land Board;
12-21 (xxvii) a member of the board of the Texas
12-22 Department of Housing and Community Affairs;
12-23 (xxviii) a member of the Texas Racing
12-24 Commission;
12-25 (xxix) a member of the State Board of Dental
13-1 Examiners;
13-2 (xxx) a member of the Texas Board of Licensure
13-3 for Nursing Home Administrators;
13-4 (xxxi) a member of the Texas State Board of
13-5 Medical Examiners;
13-6 (xxxii) a member of the Board of Pardons and
13-7 Paroles;
13-8 (xxxiii) a member of the Texas State Board of
13-9 Pharmacy;
13-10 (xxxiv) the Banking Commissioner of the Banking
13-11 Department of Texas;
13-12 (xxxv) a member of the Department of Information
13-13 Resources Governing Board;
13-14 (xxxvi) the fire fighters' pension commissioner;
13-15 (xxxvii) a member of the Texas Motor Vehicle
13-16 Commission;
13-17 (xxxviii) the director of the Office of Court
13-18 Administration of the Texas Judicial System;
13-19 (xxxix) the chief executive of the Office of
13-20 Public Utility Counsel;
13-21 (xl) a member of the Texas Real Estate
13-22 Commission;
13-23 (xli) a member of the board of directors and the
13-24 executive director of the State Bar of Texas;
13-25 (xlii) a member of the Bond Review Board;
14-1 (xliii) a member of the Texas Board of Health;
14-2 (xliv) a member of the Texas Board of Mental
14-3 Health and Mental Retardation;
14-4 (xlv) a member of the Texas Board on Aging;
14-5 (xlvi) a member of the Texas Board of Human
14-6 Services;
14-7 (xlvii) a member of the Texas Funeral Service
14-8 Commission;
14-9 (xlviii) a member of the board of directors of a
14-10 river authority created under the constitution or laws of this
14-11 state;
14-12 (xlix) the director of the lottery division in
14-13 the office of the comptroller; or
14-14 (l) the deputy in charge of the department of
14-15 security in the lottery division in the office of the comptroller.
14-16 SECTION 13. (a) The name of the Texas College of
14-17 Osteopathic Medicine is changed to the University of North Texas
14-18 Health Science Center at Fort Worth. A reference in law to the
14-19 Texas College of Osteopathic Medicine means the University of North
14-20 Texas Health Science Center at Fort Worth.
14-21 (b) An appropriation for the use and benefit of the Texas
14-22 College of Osteopathic Medicine is available for the use and
14-23 benefit of the University of North Texas Health Science Center at
14-24 Fort Worth.
14-25 SECTION 14. The importance of this legislation and the
15-1 crowded condition of the calendars in both houses create an
15-2 emergency and an imperative public necessity that the
15-3 constitutional rule requiring bills to be read on three several
15-4 days in each house be suspended, and this rule is hereby suspended,
15-5 and that this Act take effect and be in force from and after its
15-6 passage, and it is so enacted.